Civil Law (Miscellaneous Provisions) Act 2021

Civil Law (Miscellaneous Provisions) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Civil Law (Miscellaneous Provisions) Act 2021 Civil Law (Miscellaneous Provisions) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 14 of 2021 CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2021 CONTENTS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

In relation to paragraph A of the foregoing:

WHEREAS an emergency has arisen and continues in the State by virtue of the spread of the disease known as Covid-19;

AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of that disease;

AND WHEREAS the State, having regard to the need to preserve and protect public health, has introduced a range of extraordinary measures and safeguards to prevent, minimise, limit or reduce the risk of persons being infected with that disease;

AND WHEREAS the emergency that has arisen and continues is of such a character that for compelling reasons of public interest and for the common good, to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual reopening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon, it is necessary, in order to allow the businesses of licensees of licensed premises to operate in a manner that mitigates the spread of that disease, to provide in this Act for the sale or supply of intoxicating liquor, subject to the application of certain enactments to such areas and additional powers of enforcement of those enactments, in certain circumstances in seating areas located outside such premises; [2nd July, 2021] Be it enacted by the Oireachtas as follows:

Definitions 1. In this Act— “Act of 1904” means the Registration of Clubs (Ireland) Act 1904 ; “Act of 2020” means the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 ; “authorisation” means an authorisation given by a statutory authority in the form of a licence, permit, consent, approval or permission or any other form and includes a licence granted under section 254 of the Planning and Development Act 2000 and a consent given under section 71 of the Roads Act 1993 ; “club” means a club registered under the Registration of Clubs Acts; “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “licence” means a licence for the sale by retail of intoxicating liquor whether granted on production or without production of a certificate of the Circuit Court or the District Court; “licensed premises” means a premises in relation to which— (a) a licence is in force, (b) a certificate of registration under the Act of 1904 is applicable and in force and which supplies intoxicating liquor; “licensee” means— (a) the holder of a licence, and (b) in relation to a club registered under the Registration of Clubs Acts, every person entered in the register of clubs (kept under those Acts) as an official or member of its committee of management or governing body at the material time; “Licensing Acts” means the Licensing Acts 1833 to 2018; “Minister” means the Minister for Justice; “normal business” means, in relation to a licensed premises, the business that would be, or might reasonably be expected to be, lawfully carried on on the premises but for any regulations made under section 31A of the Health Act 1947 ; “outdoor seating area” means, in relation to a licensed premises, an outdoor seating area— (a) lawfully used by a licensee of that premises pursuant to an authorisation, or (b) on private land abutting the premises where— (i) the land is owned, or occupied by way of a lease or licence, by the licensee of the premises, (ii) a licence is not in force, or a certificate of registration under the Act of 1904 is not applicable and in force, in respect of the area, (iii) the number of seated patrons who can be accommodated in the area does not exceed the number of patrons who may be accommodated in the licensed premises, (iv) the area contains sufficient seating to accommodate the number of seated patrons referred to in subparagraph (iii), (v) the area does not contain any counter or barrier across which intoxicating liquor can be served to the public, and (vi) the sale or supply of intoxicating liquor by the licensee to patrons in the area is an ancillary part of the normal business carried on on that premises;

“private land” means land other than State land (within the meaning of the State Property Act 1954 ); “Registration of Clubs Acts” means the Registration of Clubs Acts 1904 to 2008.

Temporary licensing of outdoor seating area 2. (1) Subject to this Act and notwithstanding any other enactment, an outdoor seating area of a licensed premises shall, for the period during which this section continues in operation, be deemed to be part of the premises concerned and the Licensing Acts and, where the premises is a club, the Registration of Clubs Acts, shall apply to that area as they apply to the premises and, without prejudice to the generality of the foregoing— (a) it shall be lawful for the licensee of that licensed premises to sell or supply intoxicating liquor in the outdoor seating area on the same basis that it is lawful to sell or supply intoxicating liquor under the licence, or, in respect of a club, the certificate of registration under the Act of 1904 in force, attaching to that premises, and (b) for the purposes of the renewal— (i) of the licence concerned under section 4 of the Courts (No. 2) Act 1986 , failure to operate the outdoor seating area in accordance with this Act or the Licensing Acts shall be grounds for objection to the renewal of the licence, or (ii) of the certificate of registration concerned under section 3 of the Act of 1904, failure to operate the outdoor seating area in accordance with this Act, the Licensing Acts or the Registration of Clubs Acts shall be a basis for objection to the renewal of the certificate under section 5 of the Act of 1904.

Direction of member of Garda Síochána 3. (1) A member who suspects, with reasonable cause, that a specified person is not complying with— (a) a provision of the Licensing Acts, the Registration of Clubs Acts or this Act applicable to an outdoor seating area, or (b) an authorisation, may, for the purposes of ensuring compliance, direct the specified person to take such steps as the member considers necessary to comply with the provision or the authorisation, as the case may be.

Application of Act of 2020 to outdoor seating area in respect of certain enactments and authorisation 4. (1) The Act of 2020 shall apply to an outdoor seating area in respect of a provision of an enactment or an authorisation referred to in section 3

Extension of application of Act of 2020 to outdoor seating area 5. The Act of 2020 shall apply to an outdoor seating area as it applies to a relevant premises (within the meaning of that Act) and a reference in that Act to a relevant premises shall be taken to include a reference to an outdoor seating area which relates to the relevant premises.

Application of Criminal Justice (Public Order) Act 1994 6. For the avoidance of doubt, an outdoor seating area on private land is a public place for the purposes of the Criminal Justice (Public Order) Act 1994 .

Regulations 7. (1) The Minister may by regulations restrict the time during which a licensee of a licensed premises is permitted to sell or supply intoxicating liquor in an outdoor seating area.

Number of ordinary judges of High Court 8. The Courts and Court Officers Act 1995 is amended by the substitution of the following section for section 9 (inserted by section 1 of the Courts Act 2015 ): “9. (1) Subject to subsection (2), the number of ordinary judges of the High Court shall not be more than 42.

Short title, collective citation, commencement and operation 9. (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2021.

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